Trade mark decision

BL Number
O/207/05
Decision date
22 July 2005
Hearing Officer
Mr J MacGillivray
Mark
THE POWER STATION
Classes
35, 36, 39, 41, 42
Registered Proprietor
Quorn Travel Services Limited
Applicants for a declaration of invalidity
Parkview International London Plc
Application for Invalidation
Section 47(2)(a) (citing Section 5(2)(b))

Result

Application for invalidation: - Section 47(2)(a) (citing Section 5(2)(b)): Failed.

Points Of Interest

  • 1. Qualifying effect of geographic or locational elements in marks.

Summary

The applicant claimed that the mark should not have been registered in the face of their registration THE POWER STATION AT BATTERSEA and THE POWER STATION @ BATTERSEA (series of two marks) in classes 25, 35, 39, 41, 42, 43 and 45.

The Hearing Officer found some similarity in the case of some of the services and no similarity or slight similarity in others. The matter was decided however on the basis of the marks which the Hearing Officer found to be not similar due to the qualifying effect of the word BATTERSEA; greater even in its effect than the word PLACE had been in the CARDINAL PLACE decision (BLO/339/04) q.v. Without similarity in the marks the objection under Section 5(2)(b) could not succeed; but even if wrong on the question of similarity the Hearing Officer found no likelihood of confusion, on a 'global appreciation'.

Full decision O/207/05 PDF document44Kb